Seanad Éireann díospóireacht -
Thursday, 3 Apr 1924

Vol. 2 No. 28

SEANAD IN COMMITTEE. - PUBLIC SAFETY (PUNISHMENT OF OFFENCES) TEMPORARY BILL, 1924—(RESUMED).

AN CATHAOIRLEACH

The Minister for Home Affairs has handed me the amendments which he is prepared to agree to, arising out of the amendment moved by Senator O'Farrell, with reference to the identification or proof of stolen money. The first amendment is:—

Section 7, sub-section 2, line 21, to delete the words "Minister for Finance" and to insert in lieu thereof the words "an independent assessor nominated by the President and named in the public notice aforesaid."

The next amendment is:—

To insert at the end of sub-section 2 the following words, "Every person named as an assessor under this sub-section shall be either a person holding judicial office in Saorstát Eireann or a practising member of the senior Bar in Saorstát Eireann."

The third amendment is:—

In sub-section 3, line 37, to delete the words "Minister for Finance" and to insert in lieu thereof the words "assessor aforesaid."

I think that carries out the proposal suggested. Are you satisfied, Senator O'Farrell?

Mr. O'FARRELL

Yes. With the permission of the Seanad, I withdraw my amendment.

Amendment of Senator O'Farrell, by leave, withdrawn.

Amendments (as read by An Cathaoirleach) put and agreed to.

AN CATHAOIRLEACH

This, I take it, is an urgent Bill, too?

Mr. O'HIGGINS

It is, Sir. I think that Senators might have a happier and more peaceful Easter if they passed it before the Recess. Section 2 in particular is urgently needed. I am afraid that the word has got out through the country that stock put in on land in flagrant and deliberate trespass cannot be seized at the moment, and there are a great many cases that require to be dealt with urgently under that section.

Mr. GUINNESS

Senator Barrington has left, but I think you, Sir, approved of his bringing forward an amendment in connection with paragraph C, where the words "any public funds or funds" occur. His desire was that there should not be duplication of the words and that it should read "any public funds which ought to be in the custody or under the control of a Minister or a Government Department."

AN CATHAOIRLEACH

It was pointed out to him that that would not include rates that are in the hands of the local authorities. I think all that is wanted is a comma after the word "funds" in order to cover the case, because you see all those public moneys which are not in the possession of a Minister or Department may be in the possession of a District Council or County Council. I think the Senator was satisfied about that.

Mr. O'HIGGINS

I never did quite grasp the Senator's point with regard to that, but I was prepared to make a suggestion that we should leave out in (c) "any public funds," and put in a new paragraph, "(d) funds which ought to be in the custody or under the control of a Minister or a Government Department."

Mr. GUINNESS

That would probably make it clearer. The same would apply to (c) of sub-section 2 where the words are repeated.

AN CATHAOIRLEACH

Yes.

Amendment—Section 6, sub-section 1, to leave out in paragraph (b) all the words after "public funds"—put and agreed to.

Amendment—To insert a new sub-section "(c) funds which ought to be in the custody of a Minister or a Government Department"—put and agreed to.

Amendment—Section 7, sub-section 1, paragraph (c), to leave out all the words after "public funds"—put and agreed to.

Amendment—To insert a new paragraph "(d) funds which ought to be in the custody or under the control of a Minister or Government Department"—put and agreed to.

Mr. GUINNESS

I beg to move the suspension of the Standing Orders to enable the Final Stage of the Bill to be taken.

Sir NUGENT EVERARD

I beg to second.

Question put and agreed to.

Question—"That the Bill be received for final consideration and do now pass"—put and agreed to.